Magic mushroom and truffle laws in Europe, country by country

Offering, supplying or growing psilocybin mushrooms for misuse: up to 1 year or 360 daily rates (SMG § 27(1) no. 3).

Psilocybin is a controlled substance and § 27 names "Pilze"; we found nothing on whether truffles count.

No rule found; § 27 targets supply and growing for misuse.

No rule found; growing the mushrooms for misuse is an offence.

mushrooms: not listed; substance: offence

De Druglijn (VAD): psilocybin mushrooms fall under the drug law; holding, using and selling are punishable whatever the dose.

De Druglijn: truffles of Psilocybe species are covered as well.

No rule or official statement on spores found.

No source on kits found. The 1921 law also penalises growing plants from which controlled substances can be extracted.

criminal offence

Psilocybin and psilocin are on List I. The drug law bans holding them and any preparation, defined as any material containing them.

Not named, but covered as material containing psilocybin (drug law, § 1 item 12).

No rule found. The growing ban names poppy, coca and cannabis only.

No rule on kits found.

1 to 6 years; minor case a fine

Psilocybin is on the drug list; psilocin falls under the tryptamines entry. The mushrooms are not named.

Not named, and we found no wording on material containing a listed substance.

No rule found. Holding means for making drugs is banned (art. 3(2)).

No rule found. The growing rules refer to plants, not fungi.

misdemeanour, fine or up to 90 days

Psilocin and psilocybin are Class A, including "any preparation or other product containing" them. The mushrooms are not named and we found no ruling.

Not named; depends on whether a truffle counts as a product containing psilocybin.

No rule found. The growing ban names cannabis, poppy and coca only.

No rule found.

up to 12 years

Psilocin and psilocybin are on list 4 (regulation 463/2013); psilocybin fungi are named in regulation 455/2009.

Covered as fungi containing psilocybin and via psilocybin on list 4.

No rule or official statement on spores found.

The Supreme Court guide values count mycelium on substrate as drug material: more than 40 g is more than a small amount.

small amount: misdemeanour

List B no. 411 covers psilocybin fungi, including grown or dried ones; use only with a permit for scientific purposes.

Covered as "other fungi containing psilocin or psilocybin" (no. 411) and via psilocybin (no. 408).

Spores of P. semilanceata and P. cubensis are named in list B no. 411.

The list covers grown fungi and P. cubensis spores; a colonised kit falls within that wording.

fine or up to 2 years

List I names psilocybin and psilocin "including mushrooms containing" them.

Not named, but List I covers psilocybin-containing fungi as a whole.

No rule on spores found. Growing psilocybin mushrooms is banned (Drug Act, s. 3(2¹)).

No rule on kits found. Growing psilocybin mushrooms is expressly banned (s. 3(2¹)).

misdemeanour, fine or detention

The Narcotics Act defines Psilocybe fungi themselves as narcotics (s. 3) and bans growing them (s. 7).

Not named. Psilocybe fungi and psilocybin are controlled; we found no source that addresses sclerotia.

No rule on spores found. Growing Psilocybe fungi is banned outright (s. 7).

Not named. Buying material to grow Psilocybe may count as preparing a drug offence (Criminal Code 50:3), but we found no official text on kits.

fine or up to 6 months

Annex IV of the narcotics list names hallucinogenic mushrooms, "notamment" Stropharia, Conocybe and Psilocybe; psilocin and psilocybin are in annex III.

Covered as hallucinogenic fungi (the list is open-ended) and via psilocybin.

No rule or official statement on spores found.

No official source on kits found. Producing narcotics is a crime (Code pénal, art. 222-35).

up to 1 year or fixed fine

Psilocin and psilocybin are in Annex I of the BtMG; fungi and their parts containing them are covered when intended for intoxication.

Covered as parts of fungi containing psilocybin (BtMG § 2 and Annex I).

Covered as biological material for growing psilocybin fungi when misuse for intoxication is intended (Annex I, last indent).

Same wording as spores: covered when intended for intoxication. Growing the mushrooms is an offence (§ 29).

up to 5 years or fine

Psilocybin and psilocin are in Table A. The mushrooms are not named, and we found no text that extends the table to fungal material.

Not named; same gap as for mushrooms.

No rule found.

No rule found. Growing "any other plant" that yields narcotics is trafficking (art. 20); fungi are not named.

up to 5 months

Psilocybin and psilocin are on list P1, which the Criminal Code counts as drugs. The mushrooms are not named.

Not named, and we found no text that covers any material containing psilocybin.

No rule found. Supplying material for growing drugs is an offence (§ 182).

No rule found. Growing drugs (§ 178) and supplying material for it (§ 182) are offences.

up to 2 years

The drug regulation lists psilocybin and psilocin as prohibited but does not name mushrooms. We could not open the act itself.

Not named; only the substances are listed.

No rule found.

No rule found.

usually a police fine

Any fungus containing psilocin or its ester is a controlled drug since 31 January 2006; wild, uncultivated fungi are exempt from the possession offence.

Covered as "any substance, product or preparation (whether natural or not), including a fungus" containing psilocin.

No rule found; the control covers material that contains psilocin.

No rule found; the wild-growing exemption does not cover cultivated fungi.

up to 7 years on indictment

Tabella I lists fungi of the genera Stropharia, Conocybe and Psilocybe, plus psilocybin and psilocin (Law 79/2014).

Not named, but truffles are part of Psilocybe fungi and psilocybin is in Tabella I.

No rule or Cassazione ruling on spores found.

No source on kits. Growing Tabella I substances is punished under art. 73.

licence or passport suspension

"Hallucinogenic mushrooms" are on List I; growing, importing and holding List I items is prohibited (art. 5).

The State Agency of Medicines answered in 2021 that magic truffles count as hallucinogenic mushrooms. The answer is non-binding.

The State Agency of Medicines answered in 2016 that the import ban also covers spores of these mushrooms. Non-binding, and based on an older list.

No rule on kits found. Growing List I items is prohibited (art. 5).

warning or fine; repeat is a crime

Hallucinogenic fungi of the genera Conocybe, Panaeolus, Psilocybe and Stropharia are listed as prohibited (directory d).

Not named, but the law counts fungi "or parts thereof" (BMG art. 2) and the genera are listed.

No rule on spores found.

No rule found. Growing such fungi needs a permit (BMV art. 11).

fine up to CHF 50,000

List I names Psilocybe fruiting bodies and parts containing psilocybin or psilocin (point 65).

Point 65 also names Psilocybe mycelium, the material truffles consist of.

Spores of Psilocybe are named in List I (point 65).

Psilocybe mycelium is named in List I (point 65), and a kit is colonised mycelium.

criminal misdemeanour

The 1974 regulation covers psilocybin and psilocin and also organisms and parts of organisms that naturally contain them (art. 1 b).

Not named, but covered as parts of organisms that naturally contain psilocybin (art. 1 b).

Art. 1 c) covers biological material that can reproduce or grow such organisms. Only cannabis seeds are excluded.

Mycelium is biological material for growing under art. 1 c); kits for illicit growing also fall under art. 8(1)(i) of the 1973 law.

8 days to 6 months and/or fine

Psilocybin and psilocin are listed with their salts and esters. No text names fungi or material containing them.

Not named.

No rule found.

No rule found.

under 2 g a penalty, above that court

Fresh and dried mushrooms with psilocin or psilocybin are on Opium Act List II since 1 December 2008.

Truffles are not mushrooms and fall outside the Opium Act; the Supreme Court recorded this in April 2026. The Jellinek holds that dried truffles are List I.

Not on either list. We found no criminal-law text that deals with spores.

Trimbos: buying and owning a grow kit is legal; once mushrooms appear, they are List II drugs.

not prosecuted up to 5 g fresh

The narcotics list names P. cubensis, P. semilanceata, Panaeolus cyanescens and any fungi with psilocybin or psilocin.

Covered as fungi containing psilocybin and via psilocybin itself.

Fungal spores are named in the list.

Grown fungi and spores of P. cubensis are listed as prohibited.

fine or up to 6 months

Mushrooms are not named; psilocybin and psilocin are in group I-P. Courts convict for holding the mushrooms under art. 62.

Not named. We found no text or ruling that applies the list to truffles.

No rule or ruling on spores found. The growing offence (art. 63) covers poppy, cannabis and coca only.

No rule found. Art. 63 does not mention fungi.

up to 3 years

Psilocybin and psilocin are in table II-A of Decree-Law 15/93. The Judiciary Police describe growing, holding or selling the mushrooms as drug trafficking.

Only the substances are listed. We found no source that deals with truffles.

No rule on spores found in the drug laws or official guidance.

No rule on kits found. Growing for your own use is a crime under art. 40(1): up to 3 months or a fine.

administrative offence since 2001

Table I of Law 143/2000 names all species of the genus Psilocybe, plus psilocybin and psilocin.

Not named, but the whole genus is listed and drugs include mixtures that contain listed plants.

No rule on spores found.

No rule found. Growing for own use is an offence (art. 4).

6 months to 3 years

The Criminal Code annexes name fungi containing psilocybin and psilocin; the substances are in group I of Act 139/1998.

Not named, but the annex covers the dried matter of fungi containing psilocybin.

No rule on spores found. Growing psilocybin fungi without a permit is an offence (§ 172).

No rule on kits found. Growing up to 40 fruiting bodies for own use: up to 1 year (§ 172).

up to 2 years

Psilocybin and psilocin are listed drugs; the mushrooms are not named. An amendment of 2 Oct 2026 moves psilocybin to group II for approved trials; psilocin stays in group I.

Not named, and the law has no wording on material containing a listed drug.

No rule found. Growing counts as producing a drug (art. 4).

No rule found. Growing counts as producing, which needs a licence (arts. 4 and 7).

minor offence

The mushrooms are not named; psilocybin and psilocin are on Lista I, and Energy Control states mushrooms containing them are treated as drugs.

Not named; only the substances are listed and we found no ruling on truffles.

Energy Control says holding and selling spores is not a crime. That is an NGO statement; we found no law or ruling.

No source on kits. Energy Control: once the fungus appears, courts regard it as a drug.

fine from 601 euros in public

The narcotics list names Psilocybe cubensis and P. semilanceata, and other psilocybin fungi when grown, dried or prepared.

Not listed by name. Swedish Customs states that truffles are classed as narcotics because they are part of the fungus.

Spores are not listed. A news report quotes Customs saying spores can be seized; we found no official text.

Swedish Customs: grow kits for psilocybin mushrooms can be seized and are treated as an attempted drug offence.

fine or up to 6 months

Hallucinogenic fungi of Conocybe, Panaeolus, Psilocybe and Stropharia are in directory d (prohibited), as are psilocin and psilocybin.

Covered as hallucinogenic fungi of the genus Psilocybe and via psilocybin.

No rule on spores found in the law or federal guidance.

No rule on kits found. Growing narcotics is an offence (BetmG art. 19).

fine for consumption

Class A since 18 July 2005, fresh or dried (Drugs Act 2005, s. 21). Wild mushrooms left growing, or picked only to destroy, are exempt (reg. 4A).

Not named, but covered as a "fungus (of any kind)" containing psilocin.

No rule in legislation or official guidance. Control attaches to fungus that contains psilocin.

No official source on kits. Mushrooms grown from one are Class A, and producing them is an offence.

up to 7 years